The challenging scope of protecting and promoting Human Rights in the context of Counter Terrorism: Sri Lankan Perspective

Abstract

Protecting and promoting Human Rights is universally accepted conception. Any one should not be allowed to derogate Human Rights. State parties are bound to protect and promote Human Rights under any circumstances. And the other hand states are bound to stabilize the security of all the citizens and states should act against violations and eminent threats of any kind of terrorist activities. So the state responsibility comes to a dilemma as to how protect Human Rights while countering terrorism. States are obliged to find solutions to protect citizens from catastrophe of terrorism even without violating the rights of terrorist suspects. This paper strives to recognize an effective measure to counter- terrorism not conflicting with Human Rights. Researcher has mostly animated on the general obligations of the state parties with regard to human rights and existing laws against terrorism both international and Sri Lankan perspective. Main objective of this paper is to search ways and means to protect human rights in the context of counter terrorism and it tries to emphasize the responsibility of the state parties in this regard. This paper further discuss the limitations, derogations and violations of Human Rights accomplished by state parties and their pros and cons. Researcher adopts the legal research methodology and it is based on a library research. The researcher adopts quantitative research method where it is appropriate to establish the research objectives. However, it is important to note that this research does not include quantitative values in relation to establishing the conclusions of the research.